Articles

Our fight with EPA : Andy Johnson’s story in his own words

October 09, 2019 | By JONATHAN WOOD

Today, the president is signing an executive order designed to bring more accountability to federal agencies. This executive order comes partly as a result of PLF research and cases battling bureaucratic overreach. PLF client Andy Johnson will be at the signing ceremony. Below is an article from 2016 that Andy wrote describing, in his own … ...

Articles

President Trump tells EPA to drain the swamp; EPA says ‘not so much’

December 13, 2018 | By TONY FRANCOIS

PLF client John Duarte joined the crew on Fox and Friends this morning to talk about being prosecuted by the Justice Department and the Department of the Army under the Clean Water Act, merely for plowing his company’s farm: The five-year ordeal culminated in Duarte Nursery settling with the government for $1.1 million to avoid … ...

Articles

Weekly litigation update — October 27, 2018

October 27, 2018 | By JAMES BURLING

This road to the Supreme Court takes PLF through the U-P This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court of the United States challenging federal agency overreach in Marquette County Road Commission v. EPA. We’re taking on the EPA’s 2012 decision to veto a road project … ...

Articles

PLF urges EPA to abandon the ‘conduit’ theory

May 10, 2018 | By DAMIEN SCHIFF

Today, PLF filed comments in response to an EPA request on whether the agency should abandon its support of the so-called “conduit” theory of Clean Water Act liability. The conduit theory has been used recently by a number of federal appellate and district courts to extend Clean Water Act liability to discharges of pollutants that R ...

Articles

EPA ignores PLF advice on Congressional Review Act and WOTUS

February 15, 2018 | By TONY FRANCOIS

Last year, following President Trump’s executive order directing EPA to rewrite its disastrous 2015 regulation which magically redefined millions of acres of dry land across the nation as federally protected navigable waterways, PLF offered EPA some advice, not only on how to rewrite the rule to make it conform to the limits of the Clean  ...

Articles

Weekly litigation report — September 2, 2017

September 02, 2017 | By JAMES BURLING

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss? … ...

Articles

Does President Trump know that his Administration is blocking an important Michigan road project?

August 31, 2017 | By MARK MILLER

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA. … ...

Articles

Adverse decision in Alaska wetlands case

August 30, 2017 | By DAMIEN SCHIFF

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdi ...

Articles

WOTUS rule withdrawal only a good start

June 27, 2017 | By JAMES BURLING

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government’s authority to regulate all manner of land use, no matter how ...